Brooks Plan Hearing Delayed

Review Requested On Drain Proposal

ESSEX — A request for a review of a storm water drainage system has again delayed zoning hearings on the proposed relocation of Brooks Pharmacy to the L.C. Doane Co. property on Middlesex Avenue.

A zoning board of appeals hearing on two variances needed for the project was postponed Tuesday at the request of representatives of the Rhode Island based pharmacy chain. The appeals board hearing, which opened on Jan. 20, was continued to March 16. The project needs variances of the town's maximum limit on building lot coverage and a storm water recharge regulation.

Zoning enforcement officer Marian Staye said she requested a state Department of Environmental Protection review of the proposed storm water drainage and recharge plan last month because L.C. Doane is operating under a consent order with the department to correct solvent contamination of groundwater.

``We just wanted a little bit of input,'' she said. ``Because of the consent order, DEP is the lead agency anyway.''

Maurice Hamel, a DEP environmental analyst, advised in a Jan. 27 letter that the drainage system proposed by Brooks' engineers would not interfere with remediation of the property that would be undertaken if the factory buildings are demolished.

However, Hamel also said a full storm water recharge system as required under zoning regulations may not be workable for the property.

John Senning, the local attorney representing Brooks, told the appeals board that project engineers with the firm Hoffman Engineering Inc. of North Kingston, R.I., are preparing a response to the DEP position on the recharge system. He said the applicant would be ready to proceed with the hearing on March 16.

A DEP recommendation is installation of a polyethylene vapor barrier to prevent solvent fumes from entering the building from the ground. The project plans call for removal of most of the contaminated soil.

Staye said the delay could complicate the zoning commission's review of a separate special permit application for the proposed 12,185-square-foot pharmacy building. The zoning commission opened its public hearing on Jan. 12, and was hoping the appeals board could act on the variance request before its hearing resumed on March 15. Staye said a new state law limits municipal land use commissions to one 65-day extension of a public hearing on permit applications.

Staye said she would consult with commission attorney Peter Sipples to determine whether the zoning commission could grant an additional extension of the public hearing.

Brooks is seeking to move from the Bokum Corners shopping plaza to the L.C. Doane Co. parcel. If the project receives zoning approval, three factory buildings on the 1.8-acre parcel would be demolished and L.C. Doane, which manufactures lighting fixtures, would relocate to the vacant Doncasters Inc. factory complex in the Ivoryton section.

Senning said the pharmacy chain is committed to its plans for the Middlesex Avenue site and would be willing to grant additional extensions if necessary. He said the zoning commission hearing should be able to resume on March 15 in advance of the appeals board session the next day.